Order Code 96-647 ENR
CRS Report for Congress
Received through the CRS Web
Water Infrastructure Financing:
History of EPA Appropriations
Updated May 21, 2003January 19, 2006
Claudia Copeland
Specialist in Resources and Environmental Policy
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress
Water Infrastructure Financing:
History of EPA Appropriations
Summary
The principal federal program to aid municipal wastewater treatment plant
construction is authorized in the Clean Water Act (CWA). Established as a grant
program in 1972, it now capitalizes state loan programs. Authorizations from 1972
through FY2003 since 1972
have totaled $65 billion, while appropriations have totaled $71.25
74.3 billion. It has
represented 25-30% of total EPAfunds appropriated fundsto the Environmental Protection
Agency (EPA) in recent years.
In appropriations legislation, funding for EPA wastewater assistance grants is
contained in the measure providing funds for the Veterans Administration,
Department of Housing and Urban Development, and IndependentDepartment of the Interior,
Environment, and Related Agencies, which
includes EPA. Within the portion of that
bill which funds EPA, wastewater
treatment assistance is specified in an account now
called State and Tribal Assistance
Grants Grants (STAG). Three trends in the funding of
this account are most prominent: inclusion of
non-infrastructure environmental grants
to states, beginning in FY1993; increasing
number and amount of special purpose
grants since FY1989; and the addition of
grant assistance for drinking water
treatment projects, beginning in FY1997. This
report summarizes, in chronological order,
congressional activity to fund items in this
account since 1987. It will be updated
periodically to reflect most recent
developments.
Prior to the 1987 amendments, wastewater treatment assistance was provided
in the form of grants made to municipalities. The federal share of project costs was
generally 55%; state and local governments were responsible for the remaining 45%.
The 1987 amendments altered this arrangement by replacing the traditional grant
program with one that provides federal grants to capitalize state clean water loan
programs, or state revolving funds (SRFs). As a general matter, states and cities
support the program changes and the shift to a loan program that was intended to
provide long-term funding for water quality and wastewater construction activities.
However, the change means that local communities now are responsible for 100%
of projects costs, rather than 45%, because they are required to repay loans to states.
The greater financial burden of the Actact’s loan program on some cities has caused
some to seek continued grant funding.
This has been particularly evident in the appropriations process where, in recent
years, Congress has reserved as much as 30% of funds in the State and Tribal
Assistance GrantsSTAG account for
special purpose grants directed to specified
communities communities. Since FY2000,
appropriators have awarded earmarks to a larger total number of projects, resulting
in more communities receiving such grants, but at the same time receiving smaller
amounts of funds, on average. Most of the funded projects are not authorized in the
Clean Water Act
or amendments to it or the Safe Drinking Water Act. State water quality officials, state
infrastructure financing
officials, and EPA have objected to this practice, since it
reduces the amount of
funding for state SRF programs. One additional aspect of this practice began in
FY1994 when the Administration requested and Congress agreed to provide funds
to capitalize state drinking water SRFs out of this account. In 1996 Congress passed
legislation to authorize a drinking water SRF grant program, and the first funds for
this program were appropriated in FY1997 funding for state SRF programs. Since FY1997, the STAG
account also has been used to fund a drinking water SRF grant program established
by Congress in 1996. Appropriations for the drinking water SRF program through
FY2006 have totaled $8.65 billion.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Trends in Water Infrastructure Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SRF Grants vs. Special Purpose Project Grants . . . . . . . . . . . . . . . . . . . 45
Local Cost Share on Special Purpose Grants . . . . . . . . . . . . . . . . . 57
Grants for a Drinking Water SRF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Appropriations Chronology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
FY1986, FY1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
FY1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
FY1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
FY1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 810
FY1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911
FY1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1011
FY1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1112
FY1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1113
FY1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1213
FY1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1314
FY1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1517
FY1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1718
FY1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1820
FY2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1921
FY2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2122
FY2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2223
FY2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2324
FY2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
FY2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24. . . . . . . . . . . . . . . . . . 26
FY2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
List of Tables
Table 1. Water Infrastructure Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Water Infrastructure Financing:
History of EPA Appropriations
Introduction
The principal federal program to aid municipal wastewater treatment plant
construction is authorized in the Clean Water Act (CWA). Congress established this
program, essentially in its current form, in the Federal Water Pollution Control Act
Amendments of 1972 (P.L. 92-500) (although prior versions of the Act had
authorized act had authorized
less ambitious grants assistance since 1956). Title II of P.L. 92-500
authorized grants
to states for wastewater treatment plant construction under a
program administered
by the Environmental Protection Agency (EPA). Federal
funds are provided through
annual appropriations under a state-by-state allocation
formula contained in the Act act
itself. States used their allotments to make grants to
cities to build or upgrade
wastewater treatment plants and thus to achieve the overall
objectives of the Act: act:
restoring and maintaining the chemical, physical, and
biological integrity of the
nation’s waters. The federal share of project costs,
originally 75% under P.L. 92-500,
was reduced to 55% in 1981.
By the mid-1980s, there was considerable policy debate between Congress and
the Administration over the future of the Actact’s construction grants program and, in
particular, the appropriate federal role. Through FY1984, Congress had appropriated
nearly $41 billion under this program, representing the largest nonmilitary public
works programs since the Interstate Highway System. The grants program was a
target of the Reagan Administration’s budget cutters, who sought to redirect
budgetary priorities in part to sort out the appropriate roles of federal, state, and local
governments in a number of domestic policy areas, including water pollution control.
The Administration’s rationale included several points.
! The original intent of the program to address the backlog of sewage treatment
needs had been virtually eliminated by the mid-1980s.
! Most remaining projects (such as small, rural systems) were believed to pose
little environmental threat and were not appropriate federal responsibilities.
! State and local governments, in the Administration’s view, were fully capable
of running construction programs and have a clear responsibility to construct
treatment capacity to meet environmental objectives that were primarily
established by states.
Thus, the Reagan Administration sought a phaseout of the Actact’s construction grants
program by 1990. Many states and localities supported the idea of phasing out the
grants program, since many were critical of what they viewed as burdensome rules
and regulations that accompanied the federal grant money. However, they sought a
CRS-2
longer transition and ample flexibility to set up long-term financing to promote state
and local self-sufficiency.
Congress’ response to this debate was contained in 1987 amendments to the Actact
(P.L. 100-4, the Water Quality Act of 1987). It authorized $18 billion over 9nine years
for sewage treatment plant construction, through a combination of the Title II grants
program and a new State Water Pollution Control Revolving Funds (SRF) program.
Under the new program, in Title VI of the Actact, federal grants would be provided as
seed money for state-administered loans to build sewage treatment plants and,
eventually, other water quality projects. Cities, in turn, would repay loans to the
state, enabling a phaseout of federal involvement while the state builds up a source
of capital for future investments. Under the amendments, the SRF program was
phased in beginning in FY1989 (in FY1989 and FY1990, appropriations were to be
split equally between Title II and Title VI grants) and entirely replaced the previous
Title II program in FY1991. The intention was that states would have greater
flexibility to
set priorities and administer funding, while federal aid would end after
FY1994.
The authorizations provided in the 1987 amendments expired in FY1994, but
pressure to extend federal funding has continued, in part because, although Congress
has appropriated over $7174 billion in assistance since 1972, funding needs remain
high: an additional $139.5181 billion nationwide is needed over the next 20 years,
for all types of projects eligible
for funding under the act, according to the most recent formal estimate by EPA and
states.1 Thus, Congress has
continued to appropriate funds, and the anticipated shift
to full state funding
responsibility has been delayed. More recent analyses continue to focus on the issue
of local governments’ need for funds and what the federal role should be in assisting
states and cities. In September 2002, EPA released a study, called the Gap Analysis,
which assesses the difference between current spending for wastewater infrastructure
and total funding needs (both capital and operation and maintenance). EPA estimates
that, over the next two decades, the United States needs to spend nearly $390 billion
to replace existing wastewater infrastructure systems and to build new ones.
According to the study, if there is no increase in investment, there will be about a $6
billion gap between current annual capital expenditures for wastewater treatment
($13 billion annually) and projected spending needs. Table 1 summarizes funding
for water infrastructure programs since enactment of P.L. 100-4.
In appropriations legislation, funding for these programs is contained in the
measure providing funds for the Veterans Administration, Department of Housing
and Urban Development, and Independent Agencies, which includes EPA. Within
the portion of that bill which funds EPA, wastewater treatment assistance is specified
in an account first called Construction Grants, which was later renamed State
Revolving Funds/Construction Grants, then renamed Water Infrastructure, and now
is called State and Tribal Assistance Grants (STAG). The remainder of this report
summarizes, in chronological order, congressional activity to fund items in the STAG
account since the 1987 Clean Water Act amendments.
1
U.S. Environmental Protection Agency, Office of Water, “1996 Clean Water Needs
Survey Report to Congress,” Sept. 1997, 1 vol.
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The latest renaming of the account, which occurred in the FY1996 act, reflects
the fact that it now includes all water infrastructure funds and management grants
provided to assist states to implement air quality, water quality, and other mediaspecific environmental programs. The FY1996 appropriation was the first to include
both water infrastructure and other state environmental grants; the latter previously
were included in EPA’s general program management account. Amounts shown in
Table 1 include funds for Clean Water Act infrastructure grants, drinking water SRF
grants (discussed below), and earmarked infrastructure projects grants (also discussed
below) but do not include the funds for consolidated state environmental
management grants. However, these state grants are discussed below in sections
providing the appropriations chronology.
Table 1. Water Infrastructure Funding
($ in millions)
Fiscal Year
CWA
Authorization
President’s
Request
Appropriation
1986
$2,400
$2,400
$1,800
1987
2,400
2,000
2,361
1988
2,400
2,000
2,304
1989
2,400
1,500
1,950
1990
2,400
1,200
1,980
1991
2,400
1,600
2,100
1992
1,800
1,883
2,383
1993
1,200
2,467
2,483
1994
600
2,047
2,375
1995
—
2,528
2,769
1996
—
2,365
2,155
1997
—
2,178
2,201
1998
—
2,078
2,468
1999
—
2,028
2,527
2000
—
1,753
2,561
2001
—
1,753
2,621
2002
—
2,233
2,660
2003
—
2,185
2,591
2004
—
1,798
Total
18,000
37,996
42,289
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In contrast to the 40-plus years of federal support for financing municipal
wastewater treatment facilities, Congress only recently (in 1996) established a
program under the Safe Drinking Water Act (SDWA) to help communities with
financing of projects needed to comply with federal drinking water regulations.
Funding support for drinking water only occurred more recently for several reasons.
First, until the 1980s, the number of drinking water regulations was fairly small, and
public water systems often did not need to make large investments in treatment
technologies to meet those regulations. Second and relatedly, good quality drinking
water traditionally has been available to many communities at relatively low cost.
By comparison, essentially all communities have had to construct or upgrade sewage
treatment facilities to meet the requirements of the CWA.
Over time, drinking water circumstances have changed, as communities have
grown, and commercial, industrial, agricultural, and residential land-uses have
become more concentrated, thus resulting in more contaminants reaching drinking
water sources. Moreover, as the number of federal drinking water standards has
increased, many communities have found that their water may not be as good as once
thought and that additional treatment technologies are required to meet the new
standards and protect public health. Between 1986 and 1996, for example, the
number of regulated drinking water contaminants grew from 23 to 83, and EPA and
1
U.S. Environmental Protection Agency, Office of Wastewater Management. Clean
Watersheds Needs Survey 2000, Report to Congress. August 2003. EPA-832-R-03-001.
85 p.
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the states expressed concern that many of the nation’s 52,000 small community water
systems were likely to lack the financial capacity to meet the rising costs of
complying with the Safe Drinking Water Act.
Congress responded to these concerns by enacting the 1996 SDWA
Amendments (P.L. 104-182) which authorized a drinking water state revolving loan
fund (DWSRF) program to help systems finance projects needed to comply with
SDWA regulations and to protect public health. This program, fashioned after the
Clean Water Act SRF, authorizes EPA to make grants to states to capitalize
DWSRFs which states then use to make loans to public water systems.
Appropriations for the program were authorized at $599 million for FY1994 and $1
billion annually for FY1995 through FY2003. According to the most recent EPAstate survey, future funding needs for projects to treat and deliver public drinking
water supplies in the United States are $277 billion over the next 20 years.2
EPA analyses have focused attention on the issue of local governments’ need
for funds and what the federal role should be in assisting states and cities. In
September 2002, EPA released a study, called the Gap Analysis, which assesses the
difference between current capital spending for wastewater and drinking water
infrastructure and total funding needs. EPA estimates that, over the next two
decades, the United States needs to spend nearly $660 billion to replace existing
wastewater and drinking water infrastructure systems and to build new ones.
According to the study, if there is no increase in investment, there will be about a $11
billion per year gap between current capital expenditures for water infrastructure ($23
billion annually) and projected spending needs. Table 1 summarizes funding for
water infrastructure programs since enactment of P.L. 100-4.
In appropriations legislation, funding for these EPA programs is contained in
the measure providing funds for the Department of the Interior, Environment, and
Related Agencies.3 Within the portion of the bill which funds EPA, wastewater
treatment assistance first was specified in an account called Construction Grants,
which was later renamed State Revolving Funds/Construction Grants, then renamed
Water Infrastructure. Since FY1996, this account has been titled State and Tribal
Assistance Grants (STAG). The remainder of this report summarizes, in
chronological order, congressional activity to fund items in the STAG account since
the 1987 Clean Water Act amendments.
2
U.S. Environmental Protection Agency. Drinking Water Infrastructure Needs Survey,
Third Report to Congress. June 2005. EPA-816-R-05-001. 71 p.
3
Prior to the 109th Congress, EPA appropriations were included in legislation funding the
Department of Veterans Affairs, Department of Housing and Urban Development, and
Independent Agencies (VA/HUD). In January 2005, House and Senate Appropriations
Committees reorganized, and jurisdiction over funding for EPA and several other entities
was moved to the Appropriations subcommittees covering Interior and Related Agencies.
CRS-4
Table 1. Water Infrastructure Funding
($ in millions)
Fiscal
Year
CWA
Authorization
1986
SDWA
Authorization
President’s
Request
Appropriation
$2,400
$2,400
$1,800
1987
2,400
2,000
2,361
1988
2,400
2,000
2,304
1989
2,400
1,500
1,950
1990
2,400
1,200
1,980
1991
2,400
1,600
2,100
1992
1,800
1,883
2,383
1993
1,200
2,467
2,483
1994
600
599
2,047
2,375
1995
—
1,000
2,528
2,769
1996
—
1,000
2,365
2,155
1997
—
1,000
2,178
2,201
1998
—
1,000
2,078
2,468
1999
—
1,000
2,028
2,527
2000
—
1,000
1,753
2,561
2001
—
1,000
1,753
2,621
2002
—
1,000
2,233
2,660
2003
—
1,000
2,185
2,599
2004
—
—
1,798
2,612
2005
—
—
1,794
2,336
2006
—
—
1,649
2,005
Total
18,000
9,599
41,439
49,250
The STAG account now includes all water infrastructure funds and management
grants provided to assist states in implementing air quality, water quality, and other
media-specific environmental programs. The FY1996 appropriation was the first to
include both water infrastructure and other state environmental grants; the latter
previously were included in EPA’s general program management account. Amounts
shown in Table 1 include funds for Clean Water Act infrastructure grants, drinking
water SRF grants (discussed below), and earmarked infrastructure projects grants
(also discussed below) but do not include the funds for consolidated state
environmental management grants. However, these state grants are discussed below
in sections providing the appropriations chronology.
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Trends in Water Infrastructure Funding
Three changes are especially evident in the recent history of water infrastructure
funding, as reflected in the appropriations account where these funds are detailed.
One is inclusion in the account of non-infrastructure grants to states. This began in
FY1993 with addition of Clean Water Act Section 319 grants for state programs to
manage nonpoint source pollution and was expanded in FY1996 to include all state
grants for management of environmental programs, in a single consolidated grants
appropriation.
A second trend, discussed below, has been an increasing number and amount
of specially earmarked grants for needy cities and other special purpose projects. A
third trend, also discussed below, is expansion of the account to include SRF
capitalization grants grants
for drinking water projects, under authority of the Safe Drinking
Water Act
Amendments of 1996 (P.L. 104-134).
SRF Grants vs. Special Purpose Project Grants. The practice of
earmarking a portion of the construction grants/SRF account for specific wastewater
treatment and other water quality projects began in the FY1989 legislation. Since
then it has increased to the point of representing a significant portion of appropriated
funds (31% of the total water infrastructure appropriation in FY1994, for example,
28% in the FY1995 bill). FY1995, but somewhat less in recent years: 16% in FY2005 and FY2006).
The number of projects receiving these earmarked funds
also has increased: from
four in FY1989, to eight in FY1994, 45 in FY1995, and 337
in FY2002. (Conference reports on the individual appropriations bills, noted in the
later discussion in this report, provide some additional detail on projects funded in
this manner.) The effective result has been to reduce the amount of funds provided
to states to capitalize their SRF programs. Of the $39.7 billion appropriated to EPA
for water infrastructure programs since 1986, $5.3 billion, or 13%, has gone to
earmarked project grants.669 in FY2005, but fewer in FY2006 (259
total). Since FY2000, the larger total number of earmarked projects has resulted in
more communities receiving such grants, but at the same time receiving smaller
amounts of funds. Thus, while a few communities have received individual
earmarked awards of $3 million or more in recent years, the average size of
earmarked grants has shrunk: $18.1 million in FY1995, $4.9 million in FY1999,
$600,427 in FY2005, and $1.08 million in FY2006. (Conference reports on the
individual appropriations bills, noted in the later discussion in this report, provide
limited detail on projects funded in this manner.) The effective result of earmarking
has been to reduce the amount of funds provided to states to capitalize their SRF
programs. Of the $41.7 billion appropriated to EPA for water infrastructure
programs since 1986, $6.8 billion has gone to earmarked project grants.4
Interest groups representing state water quality program managers and
administrators of infrastructure financing programs have criticized this practice of
appropriators. They contend that earmarking undermines the intended purpose of the
state funds, to promote water quality improvements nationwide. StateMany state officials
would prefer that funds be allocated more equitably, not based on what they view
largely as political considerations, and they would prefer that state environmental and
financing officials retain responsibility to set actual spending priorities. Further, they
say, because directed funding of special projects diminishes the level of seed funding
to SRFs, it delays the time when states will be financially self-sufficient and may
actually prolong the time when states seek continued federal support.
4
For additional information, see CRS Report RL32201, Water Infrastructure Project
Earmarks in EPA Appropriations: Trends and Policy Implications.
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The practice of earmarking has been criticized because designated projects are
receiving more favorable treatment than other communities’ projects: they generally
are eligible for 55% federal grants (and will not be required to repay 100% of the
funded project cost, as is the case with a loan through an SRF), and the practice
sidesteps the standard CWA process of states’ determining the priority by which
projects will receive funding. It also means that the projects have generally not been
reviewed by the CWA authorizing committees. This is especially true since FY1992
when special purpose grant funding has been designated for projects not authorized
in the Clean Water Act or amendments to it.
CRS-5 or in the Safe Drinking Water Act.
Members of Congress may intervene for a specific community for a number of
reasons. In some cases, the communities may have been unsuccessful in seeking
state approval to fund the project under an SRF loan or other program. For some, the
cost of a project financed through a state loan, which the community must fully
repay, is deemed unacceptably high, because repaying the loan can result in such
increased user fees that ratepayers feel are unduly burdensome. The community then
seeks a grant to avoid this costly financial scenario. This is often the case with
wastewater projects in small and rural communities. A number of the special
purpose grants have been made to projects characterized as “needy cities” based on
local economic conditions.
In the early years of this congressional practice, special purpose grant funding
originated in the House version of the EPA appropriations bill, while the Senate for
the most part resisted earmarking by rejecting or reducing amounts and projects
included in House-passed legislation. With this difference in legislative approach,
special purpose grant funding on several occasions were an issue during the HouseSenate conference on the appropriations bill. Since FY1999, however, both the
House and Senate have proposed earmarked projects in their respective versions of
the EPA appropriations bill, with the final total number of projects and dollar
amounts being determined by conferees. In addition, as it has now been nearly 15
years 18 years
since the last major amendments to the Clean Water Act, the desire by some
Members to address special needs problems that might be debated during
reauthorization has increased, thus leading to greater pressure on House and Senate
Members to use the appropriations process to handle such concerns.2
Members of Congress may intervene for a specific community for a number of
reasons. In some cases, the communities may have been unsuccessful in seeking
state approval to fund the project, either under the previous construction grants
program or the current SRF program. For some, the cost of a project financed
through a state loan, which the community must fully repay, is deemed unacceptably
high, because repaying the loan can result in such increased user fees that ratepayers
object strenuously. The community then seeks a grant to avoid this costly financial
scenario. This is often the case with wastewater projects in small and rural
communities. A number of the special purpose grants have been made to projects
characterized as “needy cities” based on local economic conditions.
Technically, the Title II grants program ended when authorizations for it expired
after FY1990. One result of earmarking special purpose grants in appropriations bills
has been to perpetuate grants as a method of funding wastewater treatment
construction long after FY1990.5
Technically, the Clean Water Act Title II grants program ended when
authorizations for it expired after FY1990. One result of earmarking special purpose
grants in appropriations bills has been to perpetuate grants as a method of funding
wastewater treatment construction long after FY1990. At the same time, it also
results in providing EPA grants for drinking water system projects, which had not
previously been available.
5
In the 104th Congress, the House passed a comprehensive CWA reauthorization bill, H.R.
961, but provisions in it that addressed regulatory relief and similar issues were
controversial, and no further action occurred. In the 107th and 108th Congresses, House and
Senate committees considered legislation to reauthorize water infrastructure financing
programs, but no bill was enacted. Similar legislation has been approved by a Senate
committee in the 109th Congress (S. 1400).
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Local Cost Share on Special Purpose Grants.. The federal percentage
share and local match required on special purpose grants depends on the project and
the year of funding. For example, in the case of appropriations for projects in
Boston, San Diego, New York City, and Des Moines, IA (discussed below in the
section concerning FY1989), authorization of appropriations and federal cost share
were specified in the 1987 Clean Water Act amendments. For a number of other
projects for which appropriations were provided in FY1992 and FY1993, the
appropriations acts specified that funds were provided “as grants under title II,”
resulting in a requirement for local communities to provide a 45% share of project
costs.
After FY1993, the appropriations acts themselves are the authority for the
special purpose projects grants. In the FY1995 appropriation bill, which also
directed allocation of funds appropriated in FY1994 to several needy cities, Congress
2
In the 104th Congress, the House passed a comprehensive reauthorization bill, H.R. 961,
but provisions in it that addressed regulatory relief and similar issues were controversial.
In the Senate, reauthorization legislation was not introduced, and no hearings on H.R. 961
were held; thus, no amendments were enacted.
CRS-6
addressed the issue of federal and local cost shares in report language accompanying
the bill, but not in the appropriation act itself.36
The conferees are in agreement that the agency should work with the grant
recipients on appropriate cost-share arrangements. It is the conferees’
expectation that the agency will apply the 45% local cost share requirement
under Title II of the Clean Water Act in most cases.
In the FY1996 appropriations, both the Actact and accompanying reports were
silent on federal/local cost share and applicability of Title II requirements. Because
of that, EPA officials planned to require only a 5% local match for most of the
special purpose grants in that bill, which is the standard matching requirement for
other EPA non-infrastructure grants. Under the agency’s rules, the local match could
include in-kind services, as well as funding toward the project.
In the FY1997 appropriations, Congress included report language as it had in
FY1995 concerning federal and local cost share requirements.47
The conferees are in agreement that the Agency should work with the grant
recipients on appropriate cost-share agreements and to that end the conferees
direct the Agency to develop a standard cost-share consistent with fiscal year
1995.
The FY1998 and FY1999 appropriations included neither bill nor report language on
this point. However, language in the House and Senate Appropriations Committees’
reports on the FY1998 and FY1999 bills directed EPA to work with grant recipients
on appropriate cost-share arrangements.58
6
H.Rept. 104-715, accompanying H.R. 4624, 103rd Cong., 2d sess., p. 42.
7
H.Rept. 104-812, accompanying H.R. 3666, 104th Cong., 1st sess., p. 74.
8
H.Rept. 105-175, accompanying H.R. 2158, 105th Cong., 1st sess., p. 69; S.Rept. 105-216,
accompanying S. 2168, 105th Cong., 2nd sess., p. 82.
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For FY2000, Congress included explicit report language concerning the local
match.69
The conferees agree that the $331,650,000 provided to communities or other
entities for construction of water and wastewater treatment facilities and for
groundwater protection infrastructure shall be accompanied by a cost-share
requirement whereby 45 percent of a project’s cost is to be the responsibility of
the community or entity consistent with long-standing guidelines for the Agency.
These guidelines also offer flexibility in the application of the cost-share
requirement for those few circumstances when meeting the 45 percent
requirement is not possible.
3
H.Rept. 104-715, accompanying H.R. 4624, 103rd Cong., 2d sess., p. 42.
4
H.Rept. 104-812, accompanying H.R. 3666, 104th Cong., 1st sess., p. 74.
5
H.Rept. 105-175, accompanying H.R. 2158, 105th Cong., 1st sess., p. 69; S.Rept. 105-216,
accompanying S. 2168, 105th Cong., 2nd sess., p. 82.
6
H.Rept. 106-379, accompanying H.R. 2684, 106th Cong., 1st sess., p. 141.
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Similar report language concerning local cost share requirements accompanied the
conference reports on the FY2001 appropriations bill,7 the FY2002 bill,8 and the
FY2003 appropriations bill.9 The same cost-share requirement is expected to prevail
in final action on the FY2003 bill, as wellSimilar report language concerning local cost-share requirements accompanied the
conference reports on the appropriations bills from FY2001 through FY2005. Since
FY2004, Congress has included legislative language in the appropriations act
specifying the local requirement to provide 45% of a project’s cost.
Since the FY2003 appropriations legislation, Congress also has specified that,
except for those limited instances in which an applicant meets the criteria for a
waiver of the cost-share requirement, the earmarked grant shall provide no more than
55% of an individual project’s cost, regardless of the amount appropriated.
Grants for a Drinking Water SRF. One additional aspect of earmarking a
portion of the account’s appropriation began in FY1994 when the Administration
requested and Congress agreed to provide funds to capitalize state drinking water
SRFs. However, until recently there was no statutory authority in federal law to
make such grants. Although Congress hadIn response, Congress appropriated drinking water SRF grants
three times, but
those actions were contingent on enactment of authorizing legislation.
In August 1996 Congress amended the Safe Drinking Water Act to authorize $1
billion annually through FY2003 as federal capitalization grants for drinking water
SRFs (P.L. 104-182). As a result, grants for , which
occurred in 1996, as described above. Subsequently, capitalization grants for
drinking water SRF programs were
provided for the first time in FY1997 and have
been included in each subsequent
appropriations bill. As Congress appropriations bill. These appropriations have
totaled $8.64 billion and have averaged $864 million per year. As Congress
continues to support both clean water SRFs and
drinking water SRFs, the two types
of grants compete forshare whatever overall level of
funding is available within the account.
Appropriations Chronology
FY1986, FY1987
The authorization period covered by P.L. 100-4 was FY1986-FY1994. By the
time the amendments were enacted, FY1986 was over, as was a portion of FY1987.
Thus, appropriations for those 2two years only indirectly reflected the policy and
program changes for later years that were contained in P.L. 100-4. For FY1986,
Congress appropriated a total of $1.8 billion, consisting of $600 million approved in
December 1985 (while Congress was beginning to debate reauthorization legislation
that eventually was enacted as P.L. 100-4 in January 1987) and $1.2 billion more in
July 1986.
9
H.Rept. 106-379, accompanying H.R. 2684, 106th Cong., 1st sess., p. 141.
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For FY1987, while debate on CWA reauthorization continued, President
Reagan requested $2.0 billion, consistent with his legislative proposal to terminate
the grants program by FY1990. In October 1986, Congress appropriated $2.4 billion
(P.L. 99-500/99-509 / P.L. 99-591). However, only $1.2 billion of that amount was released
immediately, pending enactment of a reauthorization bill, which was then in
conference. Following enactment of the Water Quality Act of 1987, remaining
FY1987 funds were released as part of a supplemental appropriations bill (P.L. 10071). Conferees on that measure agreed, however, to shift $39 million of the
remaining unreleased grant funds to other priority water quality activities authorized
in P.L. 100-4. The final total of construction grant monies was $2.361 billion.
7
H.Rept. 106-988, accompanying H.R. 4635, 106th Cong., 2nd sess., p. 135.
8
H.Rept. 107-272, accompanying H.R. 2620, 107th Cong., 1st sess., p. 137.
9
H.Rept. 108-10, accompanying H.J.Res. 2, the Consolidated Appropriations Resolution for
FY2003, 108th Cong., 1st sess., p. 1450.
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FY1988
For FY1988 the President again requested $2.0 billion. In December 1987,
Congress approved legislation providing FY88 appropriations (P.L. 100-202, the
omnibus continuing resolution to fund EPA and other federal agencies). In it,
Congress appropriated $2.304 billion for construction grants. Final action on the
EPA budget and other funding bills had been delayed by budget-cutting talks
between Congress and the White House. Reduced construction grants funding was
one of many spending cuts required to implement a congressional-White House
“summit agreement” on the budget. The final construction grants appropriation was
less than funding levels that had been provided in separate versions of a bill passed
by the House and Senate before the budget summit, $2.4 billion.
FY1989
For FY1989, President Reagan requested $1.5 billion, or 35% below FY1988
appropriations and 37.5% less than the authorized level of $2.4 billion for FY1989.
In separate versions of an EPA appropriations bill, the House and Senate voted to
provide $1.95 billion and $2.1 billion respectively. The final figure, in P.L. 100-404,
was $1.95 billion which included $68 million for special projects in four states.
Thus, the actual amount provided for grants was $1.882 billion. That total was
divided equally between the previous Title II grants program and new Title VI SRF
program, as provided in the authorizing language of P.L. 100-4.
The FY1989 legislation was the first to include earmarking of funds for
specified projects or grants in EPA’s construction grants account, an action that
continued in subsequent years, as discussed above. All of the projects funded in the
1989 legislation were ones that had been authorized in provisions of the Water
Quality Act of 1987 (WQA, P.L. 100-4). The designated projects were in Boston
(authorized in Section 513 of the WQA, to fund the Boston Harbor wastewater
treatment project), San Diego/Tijuana (Section 510, to fund an international sewage
treatment project needed because of the flow of raw sewage from Tijuana, Mexico,
across the border), Des Moines, IA (Section 515, for sewage treatment plant
construction), and Oakwood Beach/Redhook, NY (Section 512 of the WQA, to
relocate natural gas distribution facilities near wastewater treatment works in New
York City).
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FY1990
For FY1990, President Reagan’s budget requested $1.2 billion in wastewater
treatment assistance, or 50% less than the authorized level and 38.5% less than the
FY1989 enacted amount of $1.95 billion. Further, the Reagan budget proposed that
the $1.2 billion consist of $800 million in Title VI monies and $400 million in Title
II grants, contrary to provisions of the CWA directing that appropriations be equally
divided between the two grant programs, as in FY1989. President’s Bush’s revised
FY1990 budget, presented in March 1989, made no changes from the Reagan budget
in this area.
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In acting on this request, Congress agreed to provide $2.05 billion, including
$46 million for three special projects (Boston, San Diego/Tijuana, and Des Moines),
leaving a total of $1.002 billion each for Titles II and VI (P.L. 101-144). Title II
funds were reduced by $6.8 million, however, due to funds earmarked for a specific
project in South Carolina. Although these amounts were appropriated, all funds in
the bill were reduced by 1.55% (or, a $31.8 million reduction from the construction
grants account) to provide funds for the federal government’s anti-drug program.
Final FY1990 appropriations were altered again by passage of the FY1990
Budget Reconciliation measure and implementation of the Balanced Budget and
Emergency Deficit Control Act (the Gramm-Rudman-Hollings Act), which
established procedures to reduce budget deficits annually, resulting in a zero deficit
by 1993. For each fiscal year that the deficit was estimated to exceed maximum
targets established in law, an automatic spending reduction procedure was triggered
to eliminate deficits in excess of the targets through “sequestration,” or permanent
cancellation of budgetary resources.
Thus, to meet budget reduction mandates and, in particular, deficit reduction
targets under the Balanced Budget and Emergency Deficit Control Act (the GrammRudman-Hollings Act), additional funding cuts were included in P.L. 101-239, the
Budget Reconciliation Act of 1989, affecting construction grants funding and all
other accounts not exempted from Gramm-Rudman procedures. P.L. 101-239
provided that the “sequestration” procedures under the Gramm-Rudman-Hollings Act
would be allowed to apply for a portion of FY1990 (for 130 days, or 35.6% of the
year), providing an additional automatic spending reduction in EPA and other
agencies’ programs subject to the Actact.
As a result of these reductions, funding for wastewater treatment aid in FY1990
totaled $1.98 billion, or $30 million more than in FY1989. The total included $53
million for special projects in San Diego, Boston, Des Moines, and Honea Path/Ware
Shoals, SC, $960 million for Title II grants, and $967 million for Title VI grants.
The combined reductions amounted to 3.4% less than the amount agreed to by
conferees on P.L. 101-144 (i.e., $2.05 billion), before subtracting funds for anti-drug
programs and accounting for effects of the Gramm-Rudman partial-year sequester.
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FY1991
For FY1991, President Bush requested $1.6 billion in funding for wastewater
treatment assistance. This total included $15.4 million to be earmarked for the San
Diego project authorized in Section 510 of the Water Quality Act of 1987, to fund
construction of an international sewage treatment project. The remainder, $1.584
billion, would be only for capitalization grants under Title VI of the Actact, as the 1987
legislation provides for no new Title II grants after FY1990.
In acting on EPA’s appropriations for FY1991 (P.L. 101-507), Congress agreed
to provide $2.1 billion in wastewater treatment assistance. Beginning in FY1991, all
appropriated funds are utilized for capitalization grants under Title VI of the Actact (as
provided in the Water Quality Act of 1987); funding for the traditional Title II grants
program was no longer available.
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The enacted level included several earmarkings: $15.7 million for San Diego,
$20 million for Boston Harbor (section 513 of the WQA), and $16.5 million for a
new Water Quality Cooperative Agreement Program under Section 104(b)(3) of the
Actact.10 The President’s budget had requested $16.5 million to support state
permitting,
enforcement and water quality management activities, especially to offset
the the
reductions in aid to states due to elimination of state management setasides from
the the
previous Title II construction grants program. Congress agreed to the level
requested, but provided it as a portion of the wastewater treatment appropriation,
rather than as part of EPA’s general program management appropriation, as in the
President’s request. As a result of these earmarkings, $2.048 billion was provided
for Title VI grants.
FY1992
For FY1992, President Bush requested $1.9 billion in wastewater treatment
funds, or $100 million more than authorized under the Water Quality Act of 1987 for
Title VI grants in FY1992. However, out of the $1.9 billion total, the President’s
request sought $1.5 billion for Title VI SRF grants and $400 million as grants under
the expired Title II construction grants program for the following coastal cities:
Boston, San Diego, New York, Los Angeles, and Seattle. Two of the five designated
projects had been authorized in the 1987 Clean Water Act amendments; the other
three did not have explicit statutory authorization. Also, $16.5 million was requested
for Water Quality Cooperative Agreement grants to the states.
In acting on the request (P.L. 102-139) in November 1991, Congress provided
total wastewater
funds of $2.4 billion (P.L. 102-139). The total was allocated as follows:
! $1,948.5 million for SRF capitalization grants,
! $16.5 million for section 104(b)(3) grants,
10
Section 104(b)(3) grants have been used to support a variety of special studies and
projects allowing states and localities to demonstrate innovative approaches to implementing
the core water quality program.
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! $49 million for the special project in San Diego-Tijuana (section 510 of the
Water Quality Act),
! $46 million to the Rouge River (MI) National Wet Weather Demonstration
Project, and
! $340 million as construction grants under title II of the Clean Water Act for
several other special projects— — the Back River Wastewater Treatment Plant
(Baltimore), Maryland, the Boston Harbor project, New York City, Los
Angeles, San Diego (a wastewater reclamation project), and Seattle.
This appropriation bill was the first to include special purpose grant funding for
several projects not specifically authorized in the Clean Water Act or amendments
to that law.
10
Section 104(b)(3) grants have been used to support a variety of special studies and
projects allowing states and localities to demonstrate innovative approaches to implementing
the core water quality program.
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FY1993
For FY1993, President Bush requested $2.484 billion for state revolving
funds/construction grants (now called the water infrastructure account). The
requested total included $340 million to be targeted for 55% construction grants to
six communities: Boston, New York, Los Angeles, San Diego, Seattle, and
Baltimore. In addition, the President requested that $130 million be directed toward
a Mexican Border Initiative, consisting of $65 million for construction of the
international treatment plant at San Diego (to address the Tijuana sewage problem),
$15 million for projects at Nogales AZ and New River, CA, and $50 million as 50%
grants for colonias in Texas.11 The President also requested $16.5 million for Section
104(b)(3) grants. WithAlong with these special project and grant amounts, the request
sought $2.014
billion for SRF assistance.
Final action on FY1993 funding occurred on September 25, 1992 (P.L. 102389). It provided an appropriation of $2.55 billion, but $624622.5 million of this amount
was reserved for special projects and other grants. The bill provided $50 million in
CWA Section 319 grants12 and $16.5 million in Section 104(b)(3) grants out of the
SRF amount. It included $556 million for the following special purpose grants: the international
international treatment plant at San Diego (Tijuana—Section 510), with — Section 510 of the WQA, with
bill language capping
funding for that project at $239.4 million; Title II grants for ), plus projects in
Boston, New York, Los
Angeles, San Diego, Seattle, Rouge River MI, Baltimore,
Ocean County NJ, Atlanta, and
for colonias in Texas, Arizona and New Mexico.
The final SRF grant amount under the
bill was $1.928 billion; the total earmarked amount is $622 million.
Early in 1993, President Clinton requested that Congress approve “economic
stimulus and investment” spending, in the form of supplemental FY1993
appropriations. Both his original proposal and a subsequent modified proposal
included additional SRF grant funds, but neither of the bills enacted by Congress in
response to these requests (P.L. 103-24, P.L. 103-50) provided additional SRF funds.
FY1994
For FY1994, the Clinton Administration requested $2.047 billion for water
infrastructure. The funds in this request were $1.198 billion to capitalize State
Revolving Funds, $150 million for Mexican Border Project grants, and $100 million bill was $1.928 billion.
11
Colonias are unincorporated areas outside city boundaries along the U.S.-Mexico border.
Most lack adequate public utilities, especially water and wastewater services.
12
The 1987 Clean Water Act amendments authorized federal grants to assist states in
implementing programs to manage water pollution from nonpoint sources such as farm and
urban areas, construction, forestry, and mining sites. Because of competing demands for
funding, it had been difficult for Congress to fund this grant program and other water quality
initiatives in the 1987 Act. Appropriators did fund Section 319 grants in EPA’s general
program management account (abatement, control and compliance) in FY1990, FY1991,
and FY1992, but well below authorized levels. In the FY1993 Act, appropriators moved
funding into the SRF/construction grants account, thereby providing a degree of protection
from competing priorities.
CRS-1213
Early in 1993, President Clinton requested that Congress approve “economic
stimulus and investment” spending, in the form of supplemental FY1993
appropriations. Both his original proposal and a subsequent modified proposal
included additional SRF grant funds, but neither of the bills enacted by Congress in
response to these requests (P.L. 103-24, P.L. 103-50) provided additional SRF funds.
FY1994
For FY1994, the Clinton Administration requested $2.047 billion for water
infrastructure. The funds in this request were $1.198 billion to capitalize State
Revolving Funds, $150 million for Mexican Border Project grants, and $100 million
for a single hardship community (Boston). The request also included $599 million
to capitalize new state drinking water revolving funds.
The final version of the FY1994 legislation (P.L. 103-124) provided $2.477
billion for water infrastructure/state revolving funds. Of this total amount, $599
million was to be reserved for drinking water SRFs, if authorization legislation were
enacted; $80 million was for Section 319 grants; $22 million was for Section
104(b)(3) grants; and $58 million was for Tijuana/San Diego-Section 510 of the
WQA. This resulted in an appropriation of $1.718 billion for clean water SRFs.
In addition, the final bill provided that $500 million be used to support water
infrastructure financing in economically distressed/hardship communities. Under the
bill, these funds were not available for spending until May 31, 1994, and were set
aside until projects were authorized in the CWA for this purpose.
Thus, the bill as enacted provided $1.218 billion immediately for clean water
SRFs, with the expectation that $500 million more would be available for financing
hardship community projects after May 31, 1994.
FY1995
For FY1995, President Clinton requested $2.65 billion for water infrastructure
consisting of: $1.6 billion for CWA SRFs, $100 million for Section 319 nonpoint
source management grants to states, $52.5 million for a grant to San Diego for a
wastewater project pursuant to Section 510 of the WQA, $47.5 million for other
Mexican border projects, $50 million to the State of Texas for colonias projects, and
$100 million for grants under Title II for needy cities (intended for Boston). The
request included $700 million for drinking water SRFs, pending enactment of
authorizing legislation. The President’s budget also requested $21.5 million for
Section 104(b)(3) grants/cooperative agreements.
Final agreement on FY1995 funding was contained in P.L. 103-327, enacted in
September 1994, which provided a total of $2.962 billion for water infrastructure
financing. Of the total, $22.5 million was for grants under Section 104(b), $100
million for Section 319 grants, $70 million for public water system grants (grants to
states under the Safe Drinking Water Act to support state implementation of
delegated drinking water programs), $52.5 million for the Section 510 project in San
CRS-14
Diego, and $700 million for drinking water SRFs (contingent upon enactment of
authorization legislation).
The remaining $2.017 billion was for CWA projects. Of this amount, $1,235.2
million.235
billion was for clean water SRF grants to states under Title VI of the CWA. The
remaining $781.8 million (39% of this amount, 26% of the total appropriation) was
designated for 45 specific, named projects in 22 states. The earmarked amounts
ranged in size from $200,000 for Southern Fulton County, PA, to $100 million for
the City of Boston.
Finally, the conferees included bill language concerning release of the $500
million in FY1994 needy cities money (because the authorizing committees of
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Congress had not acted on legislation to authorize specific projects, as had been
intended in P.L. 103-124) as follows:
! $150 million to Boston, $50 million for colonias in Texas, $10 million for
colonias in New Mexico, $70 million for a New York City wastewater
reclamation facility, $85 million for the Rouge River project, $50 million for
the City of Los Angeles, $50 million for the County of Los Angeles, and $35
million for Seattle, WA.
FY1996
In February 1995, President Clinton submitted the Administration’s budget
request for FY1996. Included in it was a request forIt requested $2.365 billion for water
infrastructure funding
consisting of $1.6 billion for clean water state revolving funds,
$500 million for
drinking water state revolving funds, $150 million to support
Mexico border projects
under the U.S.-Mexican Border Environmental Initiative and
NAFTA and $100
million for special need/economically distressed communities (not
specified in the
request, but presumed to be intended for Boston), plus $15 million
for water
infrastructure needs in Alaska Native Villages.
In February 1995, congressional appropriations committees began considering
legislation to rescind previously appropriated FY1995 funds, as part of overall efforts
by the 104th Congress to shape the budget and federal spending. These efforts
resulted in passage in July of P.L. 104-19 which rescinded $16.5 billion in total funds
from a number of departments, agencies, and programs. In the water infrastructure
area, it rescinded $1,077,200,000 from prior year appropriations including the $3.2
million for a project in New Jersey (it had mistakenly been funded twice in P.L. 103327) and $1,074,000,000. Although not contained in bill language, it was understood
that the larger rescinded amount consisted solely of drinking water SRF funds
(leaving $1,235,000,000 for FY 1995.235 billion for FY1995 clean water SRF funds, $778.6 million for
earmarked wastewater projects— — both amounts as originally appropriated—and $225
— and
$225 million in FY94-FY95FY1994-FY1995 drinking water SRF funds that had not yet been
authorized).
It took until April 1996 for Congress and the Administration to reach agreement
on FY1996 appropriations for EPA as part of omnibus legislation (P.L. 104-134) that
consolidated five appropriations bills not yet enacted due to disagreements over
CRS-15
funding levels and policy. Agreement came as the fiscal year was more than one-half
over.
Before that, however, congressional conferees reached agreement in November
1995 on FY1996 legislation for EPA (H.R. 2099, H.Rept. 104-353). Conferees
agreed to provide $2.323 billion for a new account titled State and Tribal Assistance
Grants, consisting of infrastructure assistance and state environmental management
grants for 16 categorical programs that had previously been funded in a separate
appropriations account. The total included $1.125 billion for clean water SRF grants,
$275 million in new appropriations for drinking water SRF grants, and $265 million
for special purpose project grants. Report language provided that the drinking water
SRF money also included $225 million from FY 1995FY1995 appropriations that were
rescinded in P.L. 104-19. The drinking water SRF money would be available upon
reauthorization of the Safe Drinking Water Act; otherwise, it would revert to clean
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water SRF grants if the SDWA were not reauthorized by June 30, 1996. This made
the total for drinking water SRF grants $500 million.
The November 1995 agreement on H.R. 2099 included $658 million for
consolidated state environmental grants. In doing so, Congress endorsed an
Administration proposal for a more flexible approach to state grants, a key element
of EPA’s efforts to improve the federal-state partnership in environmental programs.
In lieu of traditional grants provided separately to support state air, water, hazardous
waste and other programs, consolidated grants are intended to reduce administrative
burdens and improve environmental performance by allowing states and tribes to
target funds to meet their specific needs and integrate their environmental programs,
as appropriate. Congress’ support was described in accompanying report language.13
The conferees agree that Performance Partnership Grants are an important
step step
to reducing the burden and increasing the flexibility that state and tribal
governments need to manage and implement their environmental protection
programs. This is an opportunity to use limited resources in the most effective
manner, yet at the same time, produce the results-oriented environmental
performance necessary to address the most pressing concerns while still
achieving a clean environment.
Including state environmental grants in the same account with water infrastructure
assistance reflects Congress’ support for enhancing the ability of states and localities
to implement environmental programs flexibly and support for EPA’s ability to
provide block grants to states and Indian tribes.
The H.R. 2099 conference agreement also included legislative riders intended
to limit or prohibit EPA from spending money to implement several environmental
programs. The Administration opposed the riders. The House and Senate approved
13
H.Rept. 104-384, accompanying H.R. 2099, 104th Cong., 1st sess., in Congressional
Record, vol. 141, no. 193, daily ed. Dec. 6, 1995, p. H 14132. This was the second
conference report on this bill; a previous agreement, reflected in H.Rept. 104-353, was
rejected by the House on Nov. 29. However, amounts in the State and Tribal Assistance
Grants account were the same in both versions.
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this bill in December, but President Clinton vetoed it, because of objections to
spending and policy aspects of the legislation.
With no full-year funding in place from October 1995 to April 1996, EPA and
the programs it administers (along with agencies and departments covered by four
other appropriations bills not yet enacted) were subject to a series of short-term
continuing resolutions, some lasting only a day, some lasting several weeks. In
March 1996, the House and Senate began consideration of an omnibus appropriations
bill to fund EPA and other agencies for the remainder of FY1996, finally reaching
agreement in April on a bill (H.R. 3019) enacted as P.L. 104-134.14 Congress agreed
to provide $2.813 billion for a new account titled State and Tribal Assistance Grants,
13
H.Rept. 104-384, accompanying H.R. 2099, 104th Cong., 1st sess., in Congressional
Record, vol. 141, no. 193, daily ed. Dec. 6, 1995, p. H 14132. This was the second
conference report on this bill; a previous agreement, reflected in H.Rept. 104-353, was
rejected by the House on Nov. 29. However, amounts in the State and Tribal Assistance
Grants account were the same in both versions.
14
The conference report on H.R. 3019 (H.Rept. 104-537) references the conference report
on the vetoed H.R. 2099, making the two reports together the full statement of the
conference committee regarding EPA funding and the State and Tribal Assistance Grants
account.
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consisting of state grants and infrastructure assistance, as in H.R. 2099, the vetoed
measure. The total was divided as follows:
! $658 million for consolidated state environmental grants,
! $1,348.5 million.3485 billion for clean water SRF grants (including $50 million for
impoverished communities),
! $500 million in new appropriations for drinking water SRF grants,
! $150 million for Mexico-border project grants and Texas colonias, as
requested.
! $15 million for Alaskan Native Villages, as requested, and
! $141.5 million for 17 special purpose project grants.
Report language provided that the drinking water SRF money also included $225
million from FY1995 appropriations that remained available after the rescissions in
P.L. 104-19, for a total of $725 million. The drinking water SRF money was
contingent upon reauthorization of the Safe Drinking Water Act by August 1, 1996;
otherwise, it would revert to clean water SRF grants.
The final agreement (P.L. 104-134) included several of the legislative riders
from previous versions of the legislation, including riders related to drinking water
and clean air, but dropped others strongly opposed by the Administration.
Funds within the State and Tribal Assistance Grants account were redistributed
after Congress passed Safe Drinking Water Act amendments in August 1996.
Enactment of the amendments (P.L. 104-182) occurred on August 6— — after the
August 1 deadline in P.L.104-134 that would have made $725 million available for
drinking water SRF grants in FY1996. Thus, the previously appropriated $725
million reverted to clean water SRF grants, making the FY1996 total for those grants
$2,073.5 million..0735 billion.
14
The conference report on H.R. 3019 (H.Rept. 104-537) references the conference report
on the vetoed H.R. 2099, making the two reports together the full statement of the
conference committee regarding EPA funding and the State and Tribal Assistance Grants
account.
CRS-17
FY1997
While debate over the FY1996 appropriations was continuing, in March 1996,
President Clinton submitted the details of a FY1997 budget. For water infrastructure
and state and tribal assistance, the request totaled $2.852 billion consisting of:
! $1.35 billion for clean water SRF grants (the request included language that
!
!
!
!
would authorize states the discretion to use this SRF money either for clean
water or drinking water projects),
$165 million for US-Mexico border projects, Texas colonias, and Alaskan
Native Village projects,
$113 million for needy cities projects,
$674 million for state performance partnership consolidated management
grants, and
$550 million for drinking water infrastructure SRF funding, contingent upon
enactment of authorizing legislation.
In response to the Administration’s request, in June 1996 the House approved
legislation (H.R. 3666) providing FY1997 funding for EPA. In the State and Tribal
Assistance Grants account, the House approved $2.768 billion, $84 million less than
CRS-16
requested but on the whole endorsing the budget request. The total provided the
following: $1.35 billion for clean water SRF grants, as requested; $165 million, as
requested, for U.S.-Mexico border projects, Texas colonias, and Alaskan Native
Village projects; $450 million for drinking water SRF funding, contingent upon
authorization; $674 million for state performance partnership consolidated
management grants; and $129 million for seven special purpose grants.
In July, the Senate Appropriations Committee reported its version of H.R. 3666.
The committee approved $2.815 billion for this account, consisting of $1.426 billion
for clean water SRF grants; $550 million for drinking water SRF grants, contingent
upon authorization; $165 million, as requested, for U.S.-Mexico border projects,
Texas colonias, and Alaskan Native Village projects; and $674 million for
consolidated state grants. The committee rejected the provision of the House-passed
bill providing $129 million for special purpose grants, including funds for Boston
and New Orleans requested by the Administration, saying in report language that
earmarking is provided at the expense of state revolving funds and does not represent
an equitable distribution of grant funds (S.Rept. 104-318).
During debate on H.R. 3666 in September, the Senate adopted an amendment
to reduce the FY1997 appropriation for clean water SRF grants by $725 million in
order to fund the new drinking water SRF program. This action was intended to
restore funds to the drinking water program which had been lost when Safe Drinking
Water Act amendments were not enacted by August 1, 1996. Thus, the Senatepassed bill provided $701 million for clean water SRF grants and $1.275 billion for
drinking water SRF grants for FY1997. Other amounts in the account were
unchanged.
The conference report on H.R. 3666 (H.Rept. 104-812) was approved by the
House and Senate on September 24, 1996. President Clinton signed the bill
September 26 (P.L. 104-204). It reflected compromise of the House- and SenatepassedSenate-
CRS-18
passed bills, providing the following amounts within the State and Tribal Assistance
Grants account ($2.875 billion total):
! $625 million for clean water SRF grants,
! $1.275 billion for drinking water SRF grants,
! $165 million, as requested, for U.S.-Mexico border projects, Texas colonias,
and Alaskan Native Village projects,
! $674 million for consolidated state grants, and
! $136 million for 18 specific wastewater, water, and groundwater project
grants (the 7 specified in House-passed H.R. 3666, plus 11 more; the bill
provided funds for each of the needy cities projects requested by the
Administration, but in lesser amounts).
The allocation of clean water and drinking water SRF grants was consistent with the
Senate’s action to restore funds to the drinking water program after enactment of the
Safe Drinking Water Act amendments in early August.
Subsequently, Congress passed a FY1997 Omnibus Consolidated
Appropriations bill to cover agencies and departments for which full-year funding
had not been enacted by October 1, 1996 (P.L. 104-208). It included additional
CRS-17
funding for several EPA programs, as well as $35 million (on top of $40 million
provided in P.L. 104-204) for the Boston Harbor cleanup project.
FY1998
President Clinton presented the Administration’s budget request for FY1998 in
February 1997. For water infrastructure and state and tribal assistance, the request
totaled $2.793 billion, consisting of $1.075 billion for clean water SRF grants, $725
million for drinking water SRF grants, $715 million for consolidated state
environmental grants, and $278 million for special project grants.
House and Senate committees began activities on FY1998 funding bills
somewhat late in 1997, due to prolonged negotiations between Congress and the
President over a 5five-year budget plan to achieve a balanced budget by 2002. After
appropriators took up the FY1998 funding bills in June, the House passed EPA’s
appropriation in H.R. 2158 (H.Rept. 105-175) on July 15. In the State and Tribal
Assistance Grants account, the House approved $3.019 billion, consisting of $1.25
billion for clean water SRF grants ($600 million more than FY1997 levels and $175
million more than requested by the President), $750 million for drinking water SRF
grants ($425 million less than FY1997 levels, but $25 million more than the request),
$750 million for state environmental assistance grants, and $269 million for special
projects. The latter included funds for the special projects requested by the
Administration but at reduced levels ($149 million total for these projects), plus $120
million in special project grants for 21 other communities.
The Senate passed a separate version of an FY1998 appropriations bill on July
22, 1997 (S. 1034, S.Rept. 105-53). It provided $3.047 billion for the State and
Tribal Assistance Grants STAG
account, consisting of $1.35 billion for clean water SRF
grants, $725 million for
drinking water SRF grants, $725 million for state
environmental assistance grants,
and $247 million for special project grants. The
Senate bill provided the amounts
CRS-19
requested by the Administration for U.S.-Mexico
border projects, Texas colonias,
and Alaskan Native Village projects (but no special
funds for others requested by the
President), plus $82 million for 18 special project
grants for other communities
identified in report language.
Conferees reached agreement on FY1998 funding in early October 1997 (H.R.
2158, H.Rept. 105-297). The final version passed the House on October 8 and
passed the Senate on October 9. President Clinton signed the bill October 27 (P.L.
105-65). As enacted, it providesprovided $3.213 billion for the STAG account, consisting of
for the State and Tribal Assistance Account,
consisting of $1.35 billion for clean water SRF grants, $725 million for drinking
water SRF grants,
$745 million for consolidated state environmental assistance
grants, and $393 million
for 42 special purpose project and special community need
grants for construction
of wastewater, water treatment and drinking water facilities,
and groundwater
protection infrastructure. It included the following amounts for
grants requested by
the Administration:
!
!
!
!
!
!
$75 million for U.S.-Mexico border projects,
$50 million for Texas colonias,
$50 million for Boston Harbor wastewater needs,
$10 million for New Orleans,
CRS-18
!
$3 million for Bristol County, MA, and
! $15 million for Alaskan Native Village projects.
The final bill also provided funds for all of the special purpose projects included in
the separate House and Senate versions of the legislation, plus three projects not
included in either earlier version.
Bill language was included in P.L. 105-65 to allow states to cross-collateralize
clean water and drinking water SRF funds, that is, to use the combined assets of
amounts appropriated to State Revolving Funds as common security for both SRFs,
which conferees said is intended to ensure maximum opportunity for states to
leverage these funds. Senate committee report language also said that the conference
report on the 1996 Safe Drinking Water Act Amendments had stated that bond
pooling and similar arrangements were not precluded under that legislation. The
appropriations bill language was intended to ensure that EPA does not take an unduly
narrow interpretation of this point which would restrict the states’ use of SRF funds.15
On Nov.November 1, 1997, President Clinton used his authority under the Line Item Veto
Veto Act (P.L. 104-130) to cancel six items of discretionary budget authority
provided in
P.L. 105-65. The President’s authority under this Actact took effect in the 105th
105th Congress; thus, this was the first EPA appropriationappropriations bill affected by it. The cancelled
cancelled items included funding for one of the special purpose grants in the bill,
$500,000 for
new water and sewer lines in an industrial park in McConnellsburg, PA.
Reasons for
the cancellation, according to the President, were that the project had not been
been requested by the Administration; it would primarily benefit a private entity and is
is outside the scope of EPA’s usual mission; it is a low priority use of environmental
15
S.Rept. 105-53, accompanying S. 1034, 105th Cong., 1st sess., p. 71.
CRS-20
funds; and it would provide funding outside the normal process of allocating funds
according to state environmental priorities.16
However, in June 1998, the Supreme Court struck down the Line Item Veto Act
as unconstitutional, and in July the Office of Management and Budget announced
that funding would be released for 40-plus cancellations made in 1997 under that Actact
(including those cancelled in P.L. 105-65) that Congress had not previously
overturned. (For additional information, see CRS Issue Brief IB89148, Item Veto
and Expanded Impoundment Proposals.)
FY1999
President Clinton’s budget request for FY1999, presented to Congress in
February 1998, requested $2.9 billion for the State and Territorial Assistance Grants
account, representing 37% of the $7.9 billion total requested for EPA programs. The
15
16
S.Rept. 105-53, accompanying S. 1034, 105th Cong., 1st sess., p. 71.
Office of Management and Budget. “Cancellation Pursuant to Line Item Veto Act,” 62
Federal Register 59768, Nov. 4, 1997. The President also cancelled funding for two other
projects in the EPA portion of the bill, a water and wastewater training institute in Alabama
and a solar aquatic wastewater treatment plant in Vermont. These projects were funded
under a separate EPA account in the bill, the environmental programs and management
account.
CRS-19
total included $1,075 million
total included $1.075 billion for clean water SRF grants, $775 million for drinking
water SRF grants, $115 million for water infrastructure projects along the U.S.Mexico border projects and in Alaskan Native Villages, $78 million for needy cities
projects, and $875 million for consolidated state environmental grants.
Legislative action on the budget request occurred in mid-1998. Both houses of
Congress increased amounts for water infrastructure financing, finding the
Administration’s request for clean water and drinking water SRF grants, as well as
special project funding, not adequate. First, the Senate Appropriations Committee
reported its version of an EPA spending bill in June (S. 2168, S.Rept. 105-216). This
bill, passed by the Senate July 17, provided $3.2 billion for the STAG account,
consisting of $1.4 billion for clean water SRF grants, $800 million for drinking water
SRF grants, $105 million for U.S.-Mexico and Alaskan Native Village projects, $100
million for 39 other special needs infrastructure grants, and $850 million for state
performance partnership/categorical grants. As in FY1998, the committee included
bill language allowing states to cross-collateralize their clean water and drinking
water State Revolving Funds, making the language explicit for FY1999 and
thereafter.
Second, the House passed its version of EPA’s funding bill (H.R. 4194, H.Rept.
105-610) on July 29. This bill provided $3.2 billion for the STAG account,
consisting of $1,250 million.25 billion for clean water SRF grants, $775 million for drinking
water SRF grants, $70 million for U.S.-Mexico and Alaskan Native Village projects,
$253.5 million for 49 other special needs infrastructure grants (including nine
projects also funded in the Senate bill), and $885 million for state environmental
management grants (a 20% increase above FY1998 amounts for these state grants).
16
Office of Management and Budget. “Cancellation Pursuant to Line Item Veto Act,” 62
Federal Register 59768, Nov. 4, 1997. The President also cancelled funding for two other
projects in the EPA portion of the bill, a water and wastewater training institute in Alabama
and a solar aquatic wastewater treatment plant in Vermont. These projects were funded
under a separate EPA account in the bill, the environmental programs and management
account.
CRS-21
Conferees resolved differences between the two versions in October 1998 (H.R.
4194, H.Rept. 105-769). The conference agreement provided $3.4 billion for the
STAG account, consisting of $1,350 million.35 billion for clean water SRF grants, $775
million million
for drinking water SRF grants, $80 million for U.S.-Mexico and Alaskan
rural and
Native Village projects, $301.8 million for 80 other special needs project
grants, and
$880 million for state and tribal environmental program grants. The
House and
Senate approved the agreement on October 7 and 8, respectively, and
President President
Clinton signed the bill into law on October 21 (P.L. 105-276).
Additional funding was provided in the Omnibus Consolidated and
Supplemental Appropriations Act, FY1999 (P.L. 105-277). This bill, which provided
full-year funding for agencies and departments covered by seven separate
appropriations measures, directed $20 million more in special needs grants for the
Boston Harbor wastewater infrastructure project, on top of $30 million that was
included in P.L. 105-276.
FY2000
For FY2000, beginning on October 1, 1999, the Administration requested
$2.838 billion for the State and Territorial Assistance Grants account. The total,
$570638 billion for water infrastructure assistance and state environmental grants. The
total, $370 million less than the FY1999 appropriation for this account, consisted of
$800
million for clean water SRF grants, $825 million for drinking water SRF grants,
$128
million for Mexican Border and special project grants, $885 million for consolidated
CRS-20
state environmental grants, and $200 million for a new Clean Air Partnership Fund.
This Fund was intended to provide EPA grants to localities (public or private entities)
for the purpose of promoting innovative technologies to reduce traditional air
pollutants and greenhouse gasesand $885 million for
consolidated state environmental grants.
The request included one SRF policy issue. The Administration asked the
appropriators to grant states the permission to set aside up to 20% of FY2000 clean
water SRF monies in the form of grants for local communities to implement nonpoint
source pollution and estuary management projects. Currently, under the Clean Water
Act, SRFs may only be used to provide loans. Some have argued that some types of
water pollution projects which are eligible for SRF funding may not be suitable for
loans, as they may not generate revenues which can be used to repay the loan to a
state. This new authority, the Administration said, would allow states greater
flexibility to address nonpoint pollution problems. Critics of the proposal said that
making grants from an SRF would reduce the long-term integrity of a state’s fund,
since grants would not be repaid.
Members of Congress and stakeholder groups were particularly critical of the
budget request for clean water SRF grants, $550 million (40%) less than the FY1999
level. Critics said the request was insufficient to meet the needs of states and
localities for clean water infrastructure (estimated to be more than $130 billion
through the year 2016, according to EPA’s most recent survey). In response, EPA
. In response, EPA acknowledged that several
years ago the Administration made a commitment to states
that the clean water SRF
would revolve at $2 billion annually in the year 2005.
Because of loan repayments
and other factors, EPA said, the overall fund will be
revolve at $2 billion per year in
the year 2002, even with the 20% grant setaside
included in the FY2000 request.
According to EPA, the $550 million decrease from
1999 would have only a limited
impact on SRFs and would still allow the Agency to
meet its long-term capitalization
goal of providing an average amount of $2 billion
in annual assistance.
CRS-22
The House and Senate passed their respective versions of an EPA appropriations
bill (H.R. 2684) in September 1999. The conference committee report resolving
differences between the two versions (H.Rept. 106-379) was passed by the House on
October 14 and the Senate on October 15 and was signed by the President on October
20 (P.L. 106-74). The final bill provided $7.6 billion overall for EPA programs,
including $3.47 billion for the STAG account. Within that account, the bill included
$1.35 billion for clean water SRF grants, $820 million for drinking water SRF grants,
$885 million for consolidated state grants, $80 million for U.S.-Mexico Border and
Alaska Rural and Native Village projects, and $331.6 million for 141 other special
needs water and wastewater grants specified in report language. The final bill did not
approve the Administration’s request to allow states to use up to 20% of clean water
SRF monies as grants for nonpoint pollution and estuary management projects, nor
did it provide for a Clean Air Partnership Fund.
Subsequent to enactment of the EPA funding bill, Congress passed the
Consolidated Appropriations Act for FY2000 with funding for five other agencies
(P.L. 106-113), which included provisions requiring a government-wide cut of 0.38%
in discretionary appropriations. The bill gave the President some flexibility in
applying this across-the-board reduction. Details of the reduction were announced
CRS-21
at the time of the release of the FY2001 budget. EPA’s distribution of the recissionrescission
resulted in a total reduction of $16.3 million for 139 of the special needs water and
wastewater projects identified in P.L. 106-74. These projects were reduced 4.9%
below enacted levels. The Agency did not reduce funds for the two projects that had
been included in the President’s FY2000 budget request (Bristol County, MA and
New Orleans, LA) or for the United States-Mexico Border and the Alaska Rural and
Native Villages programs. EPA also reduced funds for the clean water SRF (enacted
at $1.35 billion) by 0.3%, for a final funding level of $1.345 billion. The drinking
water SRF appropriation was not reduced, nor were consolidated state grants.
FY2001
The President’s budget for FY2001 requested a total of $2.9 billion for EPA.
For the second year in a row, President Clinton requested $800 million for the clean
water SRF program, a $545 million reduction from the FY2000 level. The request
included $825 million for the drinking water SRF program, $100 million for U.S.Mexico Border project grants, $15 million for Alaskan Native Villages projects, 2two
needy cities grants totaling $13 million (Bristol County, MA and New Orleans, LA),
plus $1.069 billion for consolidated state environmental grants and $85 million for
a Clean Air Partnership Fund (which Congress did not fund for FY2000). The higher
request for consolidated state grants (21% above the FY2000 level) consisted
principally of increases for three clean water grants: $45 million more for state
administrative grants (CWA Section 106), $50 million more for nonpoint pollution
management grants (CWA Section 319), and $50 million for a new competitive grant
program to address Great Lakes contamination problems.
The budget included a policy request similar to one in the FY2000 budget,
which Congress rejected. The FY2001 budget sought flexibility for states to set aside
up to 19% of clean water SRF monies in the form of grants for local communities to
implement nonpoint source pollution and estuary management projects.
The House approved its version of EPA’s funding bill (H.R. 4635, H.Rept. 106286106674) on June 21, 2000. For the STAG account, H.R. 4635 provided $3.2 billion
($273 million more than requested, but $288 million below the FY2000 level). The
total in the STAG account consisted of $1.2 billion for clean water SRF grants, $825
million for drinking water SRF grants, $1.068 billion (the budget request) for
categorical state grants, and $85 million for U.S.-Mexico Border and Alaska Rural
CRS-23
and Native Villages projects. Beyond these, however, the House-passed bill included
no funds for other special needs grants.
The Senate approved its version of the funding bill (S.Rept. 106-410) on
October 12. For the STAG account, the Senate-passed bill provided $3.3 billion,
consisting of $1.35 billion for clean water SRF grants, $820 million for drinking
water SRF grants, $955 million for categorical state grants, $85 million for U.S.Mexico Border and Alaska Rural and Native Village projects, and $110 million for
special needs water and wastewater grants.
In October, the House and Senate approved EPA’s funding bill for FY2001
(H.Rept. 106-988), providing $1.35 billion for clean water SRF grants (the same
level enacted for FY2000) and $825 million for drinking water SRF grants. The
CRS-22
enacted bill included $110 million for water infrastructure project grants in Alaskan
Rural and Native Villages and U.S.-Mexico border projects and an additional $336
million for 237 other specified project grants throughout the country. The bill also
provided $1,008 million for state categorical program grants ($60 million less in total
than requested), including $38 million more than requested for nonpoint pollution
management grants and $56.6 million more for Section 106 grants. Total funding for
. Total funding for the STAG account was $3.6 billion. Congress rejected the Administration’s request
for new Great Lakes cleanup funds and for Clean Air Partnership Grants and also
disapproved the Administration’s policy request concerning use of clean water SRF
monies. President Clinton signed the bill October 27 (P.L. 106-377).
Subsequently, in December, Congress provided $21 million more for five more
special project water infrastructure grants (in addition to the $336 million in P.L.
106-377) as a provision of H.R. 4577, the FY2001 Consolidated Appropriations bill
(P.L. 106-554). Also in that legislation, Congress enacted the Wet Weather Water
Quality Act, authorizing a two-year, $1.5 billion grants program to reduce wet
weather flows from municipal sewer systems. The provision was included in Section
112, Division B, of P.L. 106-554.
FY2002
In April 2001, the Bush Administration presented its budget request for
FY2002. The Administration requested a total of $2.1 billion for clean water
infrastructure funds, consisting of $823 million for drinking water SRF grants, $850
million for clean water SRF grants (compared with $1.35 billion appropriated for
FY2001), and $450 million for the new program of municipal sewer overflow grants
under legislation enacted in December, the Wet Weather Water Quality Act.
However, that act provides that sewer overflow grants are only available in years
when at least $1.35 billion in clean water SRF grants is appropriated. Subsequently,
Administration officials said they would request that Congress modify the provision
linking new grant funds to at least $1.35 billion in clean water SRF grants. The Bush
budget requested no funds for special earmarked grants, except for $75 million to
fund projects along the U.S.-Mexico border and $35 million for projects in Alaskan
Native Villages (both are the same amounts provided in FY2001). In response, some
Members of Congress and outside groups criticized the budget request, saying that
it did not provide enough support for water infrastructure programs. The President’s
budget also requested $1.06 billion for state categorical program grants.
The House passed its version of FY2002 funding for EPA on July 30 (H.R.
2620, H.Rept. 107-159). The House-passed bill provided a total of $2.4 billion for
CRS-24
water infrastructure funds, consisting of $1.2 billion for clean water SRF grants, $850
million for drinking water SRF grants, $200 million for special project grants
(individual projects were unspecified in the report accompanying H.R. 2620), $75
million for U.S.-Mexico Border projects, and $30 million for Alaskan Rural and
Native Villages. The House bill provided no separate funds for the new wet weather
overflow grant program, which the Administration had requested. Including $1.08
billion for state categorical program grants, total STAG account funding in the bill
was $3.44 billion, about $150 million higher than the President’s request.
CRS-23
The Senate passed its version of this appropriations bill on August 2 (S. 1216,
S.Rept. 107-43). Like the House, the Senate rejected separate funding for wet
weather overflow grants, and the Senate increased clean water SRF grant funding to
the FY2001 level. The Senate-passed total for the STAG account was $3.49 billion,
including $1.35 billion for clean water SRF grants, $850 million for drinking water
SRF grants, $140 million for special needs infrastructure grants specified in
accompanying report language, $75 million for U.S.-Mexico Border projects, $30
million for Alaskan Rural and Native Villages, and $1.03 billion for state categorical
program grants.
Resolution of this and other appropriations bills in fall 2001 was complicated
by congressional attention to general economic conditions and responses to the
September 11 terrorist attacks on the World Trade Center and the Pentagon.
Nevertheless, the House and Senate gave final approval to legislation providing
EPA’s FY2002 funding (H.R. 2620, H.Rept. 107-272) on November 8, and President
Bush signed the bill on November 26 (P.L. 107-73). The final bill did not include
separate funds for the new sewer overflow grant program requested by the
Administration, which both the House and Senate had rejected, but it did include
$1.35 billion for clean water SRF grants, $850 million for drinking water SRF grants,
$344 million for 337 earmarked water infrastructure project grants specified in report
language, and the requested $75 million for U.S.-Mexico Border projects and $30
million for Alaskan Rural and Native Villages. The bill also included $25 million
for a new Environmental Information Exchange Network grant program, for total
STAG funding of $3.7 billion. The conferees did not endorse the Administration’s
request for a new State Enforcement Grant program, stating that it would be
preferable to review and refine such a proposal for a future budget submissionincluded total STAG
funding of $3.7 billion.
FY2003
President Bush presented the Administration’s FY2003 budget request in
February 2002, asking Congress to appropriate $2.185 billion for EPA’s water
infrastructure programs (compared with $2.659 billion appropriated for FY2002).
The FY2003 request sought $1.212 billion for clean water SRF grants, $850 million
for drinking water SRF grants, and $123 million for a limited number of special
projects (especially in Alaska Native Villages and in communities on the U.S.Mexico border). The Administration proposed to eliminate funds for unrequested
infrastructure project spending that Congress had earmarked in the FY2002 law,
which totaled $344 million. Also, the Administration requested no funds for the
municipal sewer overflow grants program enacted in 2000. The budget included a
request to establish a $20 million grant program for a Targeted Watersheds Project
in a limited number of areas.
Members of Congress criticized the request level for clean water SRF
capitalization grants, which was $138 million below the FY2002 enacted amount.
In August 2002, the Senate Appropriations Committee approved an FY2003 funding
bill for EPA that would provide $1.45 billion for clean water SRF grants, $100
CRS-25
million more than the FY2002 level (S. 2797, S.Rept. 107-222). In addition, the
Senate committee bill included $875 million for drinking water SRF grants, $140
million for special needs infrastructure grants specified in report language, $45
CRS-24
million for Alaskan Rural and Native Village project grants, $75 million for U.S.Mexico Border projects, and $1.134 billion for state categorical program grants.
The House Appropriations Committee approved its version of an FY2003
funding bill with $1.3 billion for the clean water SRF program (H.R. 5605, H.Rept.
107-740) in October. This bill also included $850 million for drinking water SRF
grants, $227.6 million for special needs infrastructure grants enumerated in report
language, $35 million for Alaskan Rural and Native Village project grants, $75
million for U.S.-Mexico Border projects, and $1.173 billion for state categorical
program grants.
Neither appropriations committee included funds for the sewer
overflow grant
program authorized in 2000 (the Administration did not request
FY2003 funds for
these grants) or the Administration’s request carried forward from FY2002 for $15
million to fund a grant program for specific state enforcement plans or programs.
Both committees approved the Administration’s request of $20 million for targeted
watershed grants these grants).
Due to complex budgetary disputes during the year, final action did not occur
before the 107th Congress adjourned in November 2002, and it extended into 2003,
more than five months after the start of the fiscal year. Congress and the President
reached agreement on funding levels for EPA and other non-defense agencies in
omnibus appropriations legislation, H.J.Res. 2 (H.Rept. 108-10), which the President
signed on February 20 (P.L. 108-7). The EPA portion of the enacted bill included
$1.34 billion for clean water SRF grants, $844 million for drinking water SRF grants,
and $405413 million more for 484489 special water infrastructure project grants to
individual cities specified in conference report language, plus projects in Alaska
Native Villages and communities on the U.S.-Mexico border. It also provided a total
of $1.14 billion for categorical state grants, including $15 million for targeted
watershed grants.17
FY2004
On February 3, 2003, before completion of the FY2003 appropriations,
President Bush submitted his budget request for FY2004. It requested a total of
$1.798 billion for water infrastructure funds, consisting of $850 million for clean
water SRF grants, $850 million for drinking water SRF grants, and $98 million for
priority projects (especially in Alaska Native Villages and in communities on the
U.S.-Mexico border). As in previous years, the Administration requested no funds
for congressionally earmarked project grants for individual communities. Members
of Congress and interest groups criticized the request for clean water SRF grants
($490 million below the FY2003 enacted level), but Administration officials
responded by saying that the request reflects a commitment to fund this program at
the $850 million level through FY2011. Funding at the that level and over that longterm period, plus repayments of previous SRF loans made by states, is expected to
increase the revolving levels of the overall program from $2.0 billion to $2.8 billion
per year, the Administration said. The President’s budget also requested $1.2 billion
for categorical state grants.
17
H.J.Res. 2 included an across-the-board 0.65% reduction to accounts funded by the
legislation, and to each program, project, and activity within an account. This reduction is
reflected in amounts described here.
CRS-25
per year, the Administration said. The President’s budget also requested $1.2 billion
for categorical state grants26
On July 25, the House approved H.R. 2861 (H.Rept. 108-235), providing
FY2004 appropriations for EPA. As passed, the bill included $1.2 billion for clean
water SRF grants, $850 million for drinking water SRF grants, $203 million for
earmarked water infrastructure project grants, and $75 million in grants for highpriority projects in Alaskan Native Villages and along the U.S.-Mexico border.
Senate action on its version of a funding bill for EPA (S.Rept. 108-143) occurred on
November 18. The Senate-passed bill provided $1.35 billion for clean water SRF
grants, $850 million for drinking water SRF grants, $130 million for targeted
infrastructure project grants, plus $95 million in grants for projects in Alaskan Native
Villages and along the U.S.-Mexico border.
Like the previous year’s appropriations, Congress did not enact legislation
providing FY2004 funds for EPA before the beginning of the new fiscal year; thus
EPA programs were covered by a series of continuing resolutions (CRs). The last of
these CRs (P.L. 108-135) extended FY2003 funding levels through January 31, 2004.
On December 8, 2003, the House passed legislation providing full-year funding for
EPA and other agencies that lacked enacted appropriations (H.R. 2673). The
conference report on this bill (H.Rept. 108-401) provided $1.34 billion for clean
water SRF grants, $845 million for drinking water SRF grants, and $425 million in
grants for 520 earmarked grants in listed communities, Alaska Native Villages, and
U.S.-Mexico border projects.18 The Senate approved the conference report on
January 22, 2004, and President Bush signed the legislation January 23 (P.L. 108199).
FY2005
The FY2005 EPA appropriation for water infrastructure funds was the lowest
total for these programs since FY1997 (the first year in which Congress provided
both clean water and drinking water SRF capitalization grants, as well as earmarked
project grants). The decline was due primarily to a reduction in funding for the clean
water SRF program from an average of $1.35 billion since FY1998 to $1.09 billion.
President Bush’s FY2005 budget, presented February 2, 2004, requested a total
of $3.0 billion for water infrastructure assistance and state environmental program
grants. It included $850 million for clean water SRF grants, $850 million for
drinking water SRF grants, $94 million for priority projects (primarily in Alaska
Native Villages and along the U.S.-Mexico border), and $1.25 billion for categorical
grants. As in recent budgets, the Administration requested no funds for
congressionally earmarked project grants. Anticipating that critics likely would focus
on the clean water SRF request ($492 million below the FY2004 level), in its budget
documents the Administration said that the request included funding for the clean
water SRF at $850 million annually through 2011, which, together with loan
repayments, state matches and other funding sources, would result in a long-term
average revolving level of $3.4 billion. Likewise, the budget anticipated funding the
drinking water SRF program at the same $850 million annually through 2011,
resulting in a long-term average revolving level of $1.2 billion.
18
H.R. 2673 included an across-the-board 0.59% reduction to accounts funded by the
legislation, and to each program, project, and activity within an account. This reduction is
reflected in amounts described here.
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House and Senate Appropriations committees began review of the EPA budget
request in March. On September 9, 2004, the House Appropriations Committee
reported FY2005 funding for EPA in a bill that included the Administration’s
requested level of $850 million for clean water SRF grants, $850 million for drinking
water SRF grants, and earmarked grants for priority water infrastructure projects
totaling $393.4 million (H.R. 5041, H.Rept. 108-674). On September 21, the Senate
Appropriations Committee reported its version of this bill (S. 2825, S.Rept. 108353), which included $1.35 billion for clean water SRF grants, $850 million for
drinking water SRF grants, and $217 million for earmarked project grants.
Final action on the FY2005 appropriation did not occur before the start of the
fiscal year. On November 20, the House and Senate passed H.R. 4818 (H.Rept. 108792), the Consolidated Appropriations Act, 2005, an omnibus appropriations bill
comprising nine appropriations measures, including funding for EPA. The bill
provided total funding for EPA of $8.1 billion,19 a decrease from the $8.4 billion
approved in FY2004, but $340 million more than was requested by the President in
February. One of the most controversial items in the final bill was a $251 million
decrease for clean water SRF grants from the FY2004 level, although the $1.09
billion total is $241 million more than in the President’s budget. The final measure
also included $843 million for drinking water SRF capitalization grants; $401.7
million for 669 earmarked grants in listed communities, Alaska Native villages, and
U.S.-Mexico border projects; and $1.14 billion for categorical state grants. The
$2.34 billion total for water infrastructure programs and projects was $542 million
more than was requested by the President, but $276 million less than Congress
appropriated for FY2004. President Bush signed the legislation December 8, 2004
(P.L. 108-447).
FY2006
The FY2006 appropriation for water infrastructure funds marked the second
consecutive year in which Congress appropriated less funding for these programs,
providing lower levels both for clean water SRF capitalization grants and for
earmarked project grants than in FY2005.
President Bush presented the FY2006 budget request in February 2005. Overall
for EPA, it sought 5.6% less than Congress had appropriated for FY2005. The
Administration’s deepest cuts affecting EPA were proposed for the STAG account.
The budget requested $730 million for clean water SRF grants (33% below FY2005
appropriated funding and 45.6% below the FY2004 level), $850 million for drinking
water SRF grants (a slight increase from the FY2005 level), $69 million for priority
projects (primarily in Alaska Native Villages and along the U.S.-Mexico border), and
$1.2 billion for state categorical grants. As in previous years, the Administration
requested no funds for congressionally earmarked water infrastructure projects.
Advocates for the SRF programs (especially state and local government officials)
contended that cuts to the clean water program would impair their ability to carry out
needed municipal wastewater treatment plant improvement projects. Administration
19
H.R. 4818 included an across-the-board 0.80% reduction to accounts funded by the
legislation, and to each program, project, and activity within an account. This reduction is
reflected in amounts described here.
CRS-28
officials responded that the proposed SRF reductions for FY2006 were because
Congress had boosted funds above the FY2005 request level. These officials said
that the Administration plans to invest $6.8 billion in the clean water SRF program
between FY2004-2011, after which federal funding is expected to end, and the state
SRFs are expected to have an annual revolving level of $3.4 billion. If Congress
appropriates more than is requested in any given year (as occurred in FY2005), they
said, that target will be met sooner, leading to reduced requests for the SRF in
subsequent years until a planned phaseout in FY2011.
On May 19, 2005, the House passed H.R. 2361, providing FY2006 funding for
EPA. As passed, it provided $850 million for clean water SRF grants ($120 million
more than the President’s request), $850 million for drinking water SRF grants, and
$269 million for earmarked water infrastructure grants. During debate, the House
rejected two amendments to increase clean water SRF funding. On June 29, the
Senate passed its version of H.R. 2361, providing $1.1 billion for clean water SRF
grants, $850 million for drinking water SRF grants, and $290 million for earmarked
project grants. The House bill required that $100 million of the SRF funding come
from balances from expired contracts, grants, and interagency agreements from
various EPA appropriation accounts. The Senate bill, in contrast, called for a $58
million rescission of unobligated amounts associated with grants, contracts, and
interagency agreements in various accounts, but did not specify that such monies go
to SRF funding.
Conferees resolved differences between the bills (H.Rept. 109-188), and the
House and Senate approved the measure in July; the President signed it into law on
August 2 (P.L. 109-54). As enacted, the bill provided $900 million for clean water
SRF grants; $850 million for drinking water SRF grants; $285 million for 259
earmarked grants in listed communities, Alaska Native villages, and along the U.S.Mexico border; and $1.13 billion for categorical state grants. The final bill required
a $80 million rescission from expired grants, contracts, and interagency agreements
in various EPA accounts (not just the STAG account) not obligated by September 1,
2006. It did not direct the rescinded funds to be applied to the clean water SRF, as
proposed by the House. The $2.03 billion total in the bill for EPA water
infrastructure programs and projects was $386 million more than was requested by
the President, but $301 million less than Congress appropriated for FY2005.
However, the funding amounts specified in P.L. 109-54 were reduced slightly.
First, a provision of P.L. 109-54, Section 439, mandated an across-the-board
rescission of 0.476% for any discretionary appropriation in that bill. Second, in
December 2005 Congress enacted P.L. 109-148, the FY2006 Department of Defense
Appropriations Act, and Section 3801 of that bill mandated a 1% across-the-board
rescission for discretionary accounts in any FY2006 appropriation act (except for
discretionary authority of the Department of Veterans Affairs). As a result of these
two rescissions, the final levels for the STAG account were: $887 million for clean
water SRF grants; $838 million for drinking water SRF grants; $281 million for 259
earmarked grants in listed communities, Alaska Native villages, and along the U.S.Mexico border; and $1.11 billion for categorical state grants. FY2006 EPA water
infrastructure programs and projects thus total $2.0 billion.
On October 28, President Bush requested that Congress rescind $2.3 billion
from 55 “lower-priority federal programs and excess funds,” including $166 million
CRS-29
from clean water SRF monies. In the end, Congress did not endorse the specific
request to reduce clean water SRF appropriations. The two rescissions included in
P.L. 109-54 and P.L. 109-148 totaled a $13.2 million reduction from the $900
million specified in the EPA appropriations act